Victorian Consolidated Legislation

Land Act 1958 - SECT 103

Power to enter upon lands and make canals drains etc.

103. Power to enter upon lands and make canals drains etc.







(1) For the purpose of draining any of the said swamps it shall be lawful for
the Minister his successors deputies agents and workmen and all other persons
by them authorized without making any previous payment or having the previous
consent of the owner or occupier-

   (a)  to enter into and upon the lands and grounds of any person whomsoever
        and to survey and take levels of the same and to ascertain and stake
        or set out compulsorily acquire for the purposes herein mentioned such
        parts thereof as may be necessary and proper for the making and
        construction of canals ditches drains cuts channels waterways sewers
        embankments dams and all necessary drainage works;

   (b)  in or upon such lands to bore dig cut trench embank and so remove or
        lay take carry away and use any earth stone timber gravel or sand or
        any other materials or things which may be dug raised or obtained
        therein in the making and construction of such canals ditches drains
        cuts channels waterways sewers embankments dams and drainage works
        authorized, or which may hinder prevent or obstruct the making
        maintaining altering repairing or using the same respectively;

   (c)  to make or construct in upon across under or over any lands streets
        hills valleys roads brooks or other waters within such lands such
        temporary or permanent inclined planes tunnels embankments aqueducts
        bridges roads ways passages conduits drains piers arches cuttings and
        fences as the Minister thinks proper; and also to alter the course of
        any waterways for the purpose of constructing and maintaining tunnels
        bridges passages or other works over or under the same, and for any
        other necessary purpose; and

   (d)  to divert or alter as well temporarily as permanently the course of
        any such waterways streets roads or ways, or to raise or sink the
        level of any such waterways streets roads or ways in order the more
        conveniently to carry the same over or under or by the side of any
        such canal ditch drain cut channel waterway sewer embankment or dam,
        and also with the consent of the municipal council to close any road
        in its municipal district which is impassable or useless.



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(2) In the exercise of the powers conferred by this Division, the Minister
must-

   (a)  do as little damage as possible; and

   (b)  if required make full satisfaction in accordance with the
        Land Acquisition and Compensation Act 1986 to all persons interested
        in any lands acquired, used, injured or prejudicially affected for all
        damages sustained by them as a result of the exercise of those powers.

(3) The Land Acquisition and Compensation Act 1986 applies to this Division
and for that purpose-

   (a)  this Division is the special Act; and

   (b)  the Minister is the Authority.